An Abuja-based lawyer, Osigwe Momoh has dragged the ruling All Progressives Congress (APC) and its presidential candidate, Bola Ahmed Tinubu before a Federal High Court in Abuja, over the Muslim-Muslim ticket.
DIPLOMATIC DIARY reported that Tinubu had picked former Borno State governor, Kashim Shettima as his running mate fur the 2023 Presidential election.
The APC presidential candidate as well as his running mate are both muslim.
But challenging the action, the lawyer in the suit, seeks an order of perpetual injunction restraining the Independent Electoral Commission (INEC) from publishing the name of the APC presidential candidate in the 2023 Presidential election for violating the 1999 Constitution as amended.
The suit marked, FHC/ABJ/CS/1188/2022 claimed that the decision to pick the Party’s presidential flagbearer and the running mate from the same religion violates the principle and the spirit of the Nigeria Constitution.
The plaintiff, (Osigwe Momoh) in the originating summons argued that Political Parties must by virtue of chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), have their presidential and vice presidential candidate from different sectional, (tribal and religious groups) of the nation.
He therefore seeks a declaration that: “by virtue of Sections 14 (1) & (3), 15 and 224(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the defendants are bound by the principles of Chapter II of the 1999 Constitution (as amended) and having the presidential and vice presidential candidates of the same religion is unconstitutional and null and void.
“That all Political Parties must by virtue of chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), have their presidential and vice presidential candidate from different sectional (tribal and religious groups) of the nation.
“An order nullifying the candidacy of APC, Tinubu (1st And 2nd), same being unconstitutional and against the spirit and letters of Sections 14 (1) & (3), 15 and 224 (a) of the amended 1999 Constitution of the Federal Republic of Nigeria.”
Month asked the Court to restrain the 3rd defendant (INEC) from publishing the candidate of the 1st defendant (APC) as a presidential candidate for the forthcoming 2023 general elections.
Defendants in the suit are the APC, Bola Tinubu and INEC as 1st, 2nd and 3rd defendants, respectfully.
Meanwhile, the suit is yet to be assigned to any Judge and no date has been fixed yet.
